PERM application rejected - need advice

L

latestvirus

New Member
My PERM application was rejected (after 2 months of applying) stating that the prevailing wage confirmation was past the 90 day validity period. My company had started the process of posting ad on the sunday newspaper and on the company's web page etc. within the 90 day period. Is that not enough? Do we necessarily have to apply within 90 days of getting the prevailing wage confirmation from SWA?

Please let me know
Thanks
 
I read the following at http://workforcesecurity.doleta.gov/foreign/wages.asp

NOTE: To use a prevailing wage determination for an application for permanent labor certification, the employer must file the application or begin the recruitment required within the validity period specified by the State Workforce Agency.

What do they mean by "begin the recruitment required"? Do they mean posting ads etc? Like I said before my company did post ads during the 90 day validity period. Their either or statement is confusing, could someone help clarify?

Thanks
 
I looked at my PWD document and there is no expiry date on it. Is there a generic validity period declared by SWA which DOL uses as there is no mention of validity period on the PWD sent back by SWA.
 
Damn, my application was applied 92 days after my PWD. I looked at my PWD form. There are 2 options on the request form.

1) this wage rate is valid for 90 days or,
2) until 12/31/05

The state agency marked the second one. Hopefully it won't be a problem.

I checked online, it is noted everywhere: "PWDs remain valid no less than 90 days and no more than one year from the date of the determination."
 
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PWD can be valid for 90 days or extended until the end of the year.

A perm application must have advertisments started and also be filed with a current i.e. VALID prevailing wage. Sometimes this means getting it extended!
 
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